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SECURITIES-INTERMOUNTAIN v. SUNSET FUEL CO.

TC A7605 06171; CA 11004; SC 26291.

611 P.2d 1158 (1980)

289 Or. 243

SECURITIES-INTERMOUNTAIN, Inc., Petitioner, v. SUNSET FUEL COMPANY AND CY STADSVOLD, Respondents.

Supreme Court of Oregon.

Decided June 3, 1980.

Attorney(s) appearing for the Case

Rudy R. Lachenmeier, of Vergeer, Roehr & Sweek, Portland, argued the cause and filed briefs for petitioner.

Donald J. Friedman, of Black, Kendall, Tremaine, Boothe & Higgins, Portland, argued the cause and filed briefs for respondent Sunset Fuel Co.

Elizabeth K. Reeve, of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, argued the cause for respondent Stadsvold. With her on the briefs were Ridgway K. Foley, Jr., and Kenneth E. Roberts, Portland.

Before DENECKE, C.J., and HOLMAN, HOWELL, LENT, LINDE and PETERSON, JJ.

LINDE, Justice.

The question before us concerns the application of the proper statute of limitations to an action for damages brought by plaintiff, as assignee of a general contractor of a construction project, against an architect and a heating contractor allegedly responsible for a defective heating system. There are three possibilities: The six-year "contract" statute of limitations, ORS 12.080(1), the general two-year statute of limitations, ORS 12.110(1), and...

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